Learn: CJ 101 Midterm Study Guide

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74 Terms

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4 Purposes of Police

Enforcing laws, preventing crime, providing services, and preserving the peace.

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Actus Reus

The wrongful action.

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Bill of Attainder

A legislative act that declares a specific person or group guilty of a crime and imposes a punishment without the benefit of a judicial trial

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Case Law

Law established by judicial decisions and precedents in court cases.

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Civil Law v. Criminal Law

This type of law deals with disputes between private parties; This other type of law deals with offenses against the state or society.

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Classical Criminology

18th-century Enlightenment-era framework that views crime as a product of free will and rational choice, where individuals weigh the potential pleasures and pains of an act, associated with Cesare Beccaria.

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Common Law

A legal system where laws are created and shaped by judges and court decisions rather than by written laws passed by a legislature or parliament.

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Community Policing

Police need to work more closely with the community and make the

community a true "partner."

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Constitutions

Fundamental laws of a nation or state that establish the framework of government and guarantee individual rights (specifically the U.S)

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Corpus Delicti (Meaning/Elements)

"The Body of the Crime": Elements necessary to arrest, charge, and

convict a person of a criminal offense.

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Crime Control vs. Due Process

Two models of criminal justice: One method focuses on suppressing and controlling crime to protect public safety and social order. The other method focuses on protecting individual constitutional rights and ensuring fair, reliable legal procedures.

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Crime Funnel

The process where the number of crimes actually committed far exceeds the number of crimes reported, investigated, and resulting in convictions.

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Criminological Theories: Elements

Criminological theories use biological, psychological, sociological, and economic frameworks to explain why individuals commit crimes.

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Criminology/Criminologist (Definitions)

Criminology is the scientific study of crime and criminals; a criminologist studies the causes, nature, and control of criminal behavior.

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Critical Criminology

The understanding of crime as a product of unequal power dynamics, capitalism, and social conflict.

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Dark Figure/Underreporting

The portion of crimes that are committed but never reported to law enforcement.

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Deterrence Theory (Specific v. General)

Specific deters the individual offender from reoffending; general deters the general public from committing crimes.

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Deviance

Behavior that violates social norms and expectations.

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Differences between SRS and NIBRS

This data source only gives FBI counts of crime. The hierarchy rule applies (the 8 major crimes); This other data source collects detailed incident-level data on each crime reported. Much more detailed and informative than the previous data source.

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Differential Association Theory

Sutherland's theory that criminal behavior is learned through interaction with others, primarily intimate groups.

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Discretion

The power of criminal justice officials to make their own decisions and deciding what to do with their free time based on their judgment rather than following a strict regimen.

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Ex Post Facto Law

A law that retroactively changes the legal consequences of actions, relationships, or crimes committed before the law was passed.

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Exceptions to Search Warrants

Situations where police can search without a warrant, such as consent, plain view, exigent circumstances, and incident to arrest.

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Exclusionary Rule

Rule stating that evidence obtained illegally by police violates the Fourth Amendment and cannot be used in a criminal trial.

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Federal Law Enforcement Agencies

Agencies operating at the national level, such as the FBI, DEA, ATF, and U.S. Marshals.

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Federalism

A system of government where power is divided between a central national government and state governments.

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Felony/Misdemeanor/Other Classifications

Felonies are serious crimes punishable by prison/death; misdemeanors are less serious; infractions usually result in fines.

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Feminist Criminology

Perspectives analyzing the role of gender in crime, victimization, and the administration of justice.

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Fifth Amendment

Protects against self-incrimination, double jeopardy, and guarantees due process and grand jury indictment.

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Folkways, Mores, Taboos

Folkways are everyday customs (e.g., using manners, holding a door open). Mores carry moral significance (e.g., cheating on your partner, using profanity in church). Taboos are deeply prohibited acts (e.g, incest).

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Four Sources of Law

Constitutions, statutes, administrative regulations, and case law.

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Four types of "Drug Crimes"

Drug-defined crimes (e.g., possession, Sale, etc.), Drug trade crimes (e.g., murders, assaults, etc., related to drugs), Drug-fueled crimes (e.g., violence under the influence of drugs), Drug-motivated crimes (e.g., robbery for drug money, etc.)

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Fourteenth Amendment

Applies the Bill of Rights to the states via the Due Process Clause and guarantees equal protection of the laws.

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Fourth Amendment

Protects citizens against unreasonable searches and seizures and requires probable cause for warrants.

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Grass Eaters/Meat Eaters

Categorization of corrupt police officers: One group accepts payoffs passively, The other aggressively shakes down individuals.

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Historical Crime Trends in U.S.

Long-term patterns showing crime rates rising in the 1960s-80s and declining significantly since the 1990s.

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Hot Spot Policing

Crime can be greatly reduced by focusing on small locations and

providing police presence to suppress crime

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Inchoate Offenses

Crimes that are incomplete, such as attempt, conspiracy, and solicitation. No harm is required in relation to corpus delicti.

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Jurisdiction Types

Geographic, hierarchical, and subject-matter jurisdiction defining a court's or agency's legal authority.

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Labeling Theory

Individuals persist in crime when

society "labels" them as criminals. A label they are unable to escape, so they instead become it.

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Mala in Se/Mala Prohibita

This Latin term describes acts that are wrong in themselves (e.g., murder); This other Latin term describes acts that are wrong because laws prohibit them (e.g., jaywalking).

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Mens Rea

The 'guilty mind'—the mental state or intent required to commit a crime.

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Miranda v. Arizona/Miranda Warnings

Supreme Court ruling requiring police to inform suspects of their constitutional rights prior to custodial interrogation.

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Municipal Police

Local police departments operating at the city or town level.

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National Crime Victimization Survey

Annual household survey measuring crimes experienced regardless of whether they were reported to police.

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Police Corruption

Misuse of police authority for personal or organizational gain.

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Police Ranks

The hierarchical structure of police departments (Commissioner -> Chief -> Colonel -> Commander -> Captain -> Lieutenant -> Sergeant -> Officer)

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Positivist Criminology

Perspective arguing criminal behavior is caused by biological, psychological, or social factors outside individual control.

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Probable Cause

Reasonable grounds to believe a person has committed a crime, necessary for arrests and search warrants.

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Problem-Oriented Policing

Police should focus less on individual incidents and more on how long-

term and chronic problems create multiple incidents

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Progressive Policing Models

Reform-oriented policing approaches emphasizing professionalism, crime analysis, and community engagement.

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Rational Choice Theory

Theory that criminals weigh costs and benefits before deciding to commit a crime.

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Regulations/Administrative Law

Rules and ___________ created by government administrative agencies.

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Research Methods in CJ

Systematic techniques used to study crime (e.g., Survey research, meta-analysis, RCT method, quasi-experimental, etc.)

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Risk Factors for Offending

Variables that increase the likelihood of criminal behavior (e.g., age, sex, substance abuse, poverty, etc.)

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Risk Factors for Victimization

Characteristics or situations increasing the likelihood of being a crime victim (e.g., lifestyle, age, sex, poverty, etc.)

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Routine Activities Theory

Theory that crime occurs when a motivated offender, suitable target, and absence of a capable guardian converge.

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Self-Control Theory

The theory that crime is a function of opportunity and lack of self-control, low self-control stems from biological reasons and low childhood socialization.

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Sheriffs

County-level law enforcement officials who typically oversee county jails, court security, and unincorporated areas. Typically elected.

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Sir Robert Peel

Founder of modern policing who established the Metropolitan Police of London in 1829.

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Social Bond Theory

The theory assumes that people are naturally motivated to commit crimes to

satisfy their need for gratification.

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Social Learning Theory

Theory that criminal behavior is learned through observation, modeling, and reinforcement.

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Stare Decisis

A legal principle that once a court has made a legal ruling, it stands as precedent for all future decisions involving similar circumstances. Lower courts are bound; equivalent or higher courts may overturn it.

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State Police

Law enforcement agencies operating at the state level with highway patrol and statewide investigative duties.

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Statutes/Legislation

Laws enacted by legislative bodies like Congress or state legislatures.

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Strain Theory

The theory that crime and rule-breaking happen when people feel a strong pressure because they cannot reach society's goals through legal means.

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Substantive Law/Procedural Law

This type of law defines what is legal and defines crimes. This other type of law governs the legal processes and enforcement mechanisms.

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Techniques of Neutralization

Rationalizations offenders use to neutralize guilt (e.g., denial of responsibility, denial of injury, denial of victim, etc.)

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Three parts of the CJ System

Law enforcement, courts, and corrections.

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Three/Four Eras of Policing

Political era, professional era, progressive era (includes homeland security era).

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Trait Theory

Theory that biological, psychological, and

personality factors influence

involvement in crime.

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Uniform Crime Reporting Program (UCR)

FBI program compiling official data on crimes reported to law enforcement agencies nationwide. The project NIBRS and SRS stems from.

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Worldviews (Consensus, Conflict, Interactionist)

Three perspectives on how laws and social rules are created: consensus (shared values), conflict (ruling class power), and interactionist (differing groups defining rules).

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3 Purposes of Patrol

Deter crime through visible presence, provide a sense of security and order, and be in strategic places to quickly respond to calls for service